Divorce in Cleveland
Divorce can cause emotional and psychological trauma to all involved.  You are not thinking clearly at this stressful time and it is to your benefit to have a lawyer stand up for you and your children.

In Cleveland, the attorneys in The Family Law Offices of “Your name here” have a proven record of successful cases ranging from a simple dissolution with no children and some marital issues, to complex cases involving children and marital assets that require a trial.

Definition / Overview

Divorce

• A divorce is a judicial decree that terminates a marriage contract between two people.
• Involves issues where you and your spouse disagree.

Dissolution

• Dissolution is different from a contested divorce -- involves a no contest separation.
• A mediator can help you reach an agreement – you need an agreement before a separation agreement can be filed in court.

No Fault Divorce

• Ends a marriage without showing fault by either party.
• You can petition the court to end the marriage without consent from your spouse.

Process

• Controlled by Ohio Revised Code 3105 (O.R.C.).
• You must file a Complaint for Divorce listing the reasons you want the divorce.
• Your spouse must respond to the complaint.
• Many times, if the divorce is not contested, it can be resolved through negotiation.
• If it cannot be resolved, a trial will be set before a Judge or Magistrate.

Child Custody / Visitation

• Since your children are the most important issue in the divorce, the court considers the best interests of your child when awarding custody and visitation.

Joint Physical/ Joint Legal Custody

• You share responsibility for your child with your spouse.

Full Custody

• One parent will receive legal and physical custody.
• This type of custody is grated if there are accusations of any type of abuse (i.e. emotional, physical, or sexual).
  

Single Custodial Parenting

• One parent is the custodial parent.
• The non-custodial parent follows a visitation schedule (parenting time).
• Can be changed only if both parties agree to the terms.

Legal Custody

• You have authority to make decisions pertaining to your child's:
• Medical care
• Education
• Religion
• Etc.

Physical Custody

• You have the authority to make decisions about day-to-day care for your child, including where the child will live.

Shared Parenting Plans

• Most of the time joint custody will be awarded.
• Although one parent is the primary residential parent, both parents can jointly make decisions.
• During mediation, Ohio law encourages you and your spouse to agree upon shared parenting arrangements and child visitation.
• If you cannot agree on such a plan, the court will make a determination and award temporary custody.
• Courts consider such factors as:
• Relationship between parent and child – any abuse?
• The safety and needs of the child
• Ability to serve as a custodian and cooperate with your spouse
• The wishes and best interests of the child

Child Support

• Ohio Child Support Guidelines determine the amount of support.
• Income of each parent
• Custody arrangements – time spent with child
• How many children
• Court will award more or less support if:
• Special needs for the child
• Second family obligations

Property

Separate Assets

• Any money or property you had before the marriage is your own.
• If you receive an inheritance or gift during the marriage, it is your own.
• Commingling your personal or separate assets during the marriage, could make it marital property.  Our attorneys will explain this to you.
  

Marital Assets/Debts

• Any property or debts acquired during the marriage will be divided between you and your spouse.

Spousal Support or Alimony

• The court considers factors:
• Length of marriage
• Income of each party
• Marital property awarded
• Contributions to the marriage

Conclusion
The attorneys at the Family Law Offices of “Your name here” will keep you fully informed about what is happening in your case.  We understand that divorce can be very painful.  We have your best interests at heart and will fight for your rights.

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